Overgrowing Ivy

Just to remove the very obvious "sensible" answer, no, the option of these two people actually sitting down and speaking face-to-face just isn't going to happen. They haven't had a civil conversation in years, and neither of them is about to back down and start one now.

Anyway, I have two elderly live alone neighbours on my street, terraced houses. The man I'm speaking to in this case has a kitchen extension in his back yard which doesn't exactly touch the next door house but there's only about an inch between them.

So basically in this case one neighbour has ivy growing on a trellis which is spreading across the roof the other person's home. It's beginning to cover his solar panels and electric awnings.

Question is, your man insists he's 100% within his rights to go give his neighbour's ivy a dose of weedkiller, provided he's only spraying it on his own private property/garden. But I'm not so sure.

I've told the guy, and not based on legal knowledge but just wishing to keep the peace between residents on the street, that he should probably be contacting either a solicitor or at least the county council for better advice here, but your man has the attitude "my house, my rules".

So is he entitled to spray/kill overgrowing ivy on his property if it kills the original plant on his neighbour's property?

Mod
Careful about weedkiller

randomrb

He is well within his rights to cut it from the spot it enters his property, i would be less sure about poisoning the whole thing

sexmag

He Can cut the ivy and put it back on the neighbours proprty, killing the plant with weed killer wouldnt be allowed as that would possibly fall under criminal damage (ive seen case about plants being destroyed by rowdy drunk people etc).

Easy answer, cut the thing up to the porperty line and provide said cuttings back to the neighbour

ganmo

randomrb wrote: »

He is well within his rights to cut it from the spot it enters his property, i would be less sure about poisoning the whole thing

cut it and offer it back
offer does not mean throwing it over the fence

seagull

The owner of the plant is also under no obligation to accept the cuttings.

brian_t

misterbizmuth wrote: »

So basically in this case one neighbour has ivy growing on a trellis which is spreading across the roof the other person's home. It's beginning to cover his solar panels and electric awnings.

ganmo wrote: »

cut it and offer it back

It's not a simple matter of cutting the ivy and then discarding the "clippings".

As ivy grows it affixes itself to whatever it is growing on. The OP might cause damage to his roof and solar panels if he tries to pull the ivy off them.

Ivy shoudn't be allowed to grow unto the roof in first place.

Doop

Its ivy..! cut it back/ spray it who on this planet would be precious about Ivy... if you know ivy it will grow back eventually anyway. As for damaging the roof wouldnt worry about it unless its very old ivy and very old roof.

Victor

I suspect it would somewhat depend on the effect of the weedkiller, if any. Will the weedkiller kill the whole plant or only the trespassing part of the plant?

Doop wrote: »

As for damaging the roof wouldnt worry about it unless its very old ivy and very old roof.

That may be very imprudent. Even minor damage to a roof can let in moisture, which can have serious knock-on effects.

bleary

Ivy is difficult to kill with weed killer from my own experience. I've sprayed to with no effect. The only thing working us cutting at the roots and pulling it out.

Discodog

Would the property where the plant is rooted be responsible for any damaged, caused by the ivy, to the neighbouring property ?

It's impossible to kill the Ivy without killing the whole plant & even that isn't easy. All you can do is to cut it at the boundary - might be best to let it die before removing the stems as they will release more easily.

The problem is that it will quickly grow back.

Peregrinus

No. If plants are encroaching onto your property, you're free to cut them back. If you choose not to, you can't make someone else responsible for the consequences of your choice.

Glass fused light

The plant can be cut as it crosses the boundary line and alos as it crosses onto the roof. Remove and dispose of the clippings. Leave the bits on the roof to die off before trying to remove them. They then would be best removed by someone on the roof who can clip the ivy back in sections rather than be pulled off from ground level.
Weed killer can't be applied to the root as it is it not on the householders property. White vinegar can be effective on the leaves.

NUTLEY BOY

Discodog wrote: »

Would the property where the plant is rooted be responsible for any damaged, caused by the ivy, to the neighbouring property ? SNIP.

I would have thought so on the basis of trespass and nuisance.

If these were tree roots undermining a neighbouring property the owner occupier of the property from where the roots originated should attract a liability for whatever damage is caused.

There is a curious case pending in England on Japanese knotwood. It has entered and damaged two houses from an adjoining a railway. Network Rail have been found liable in nuisance. I think that the case is currently under appeal.

Applying these principles to OP's scenario I would demand that the neighbour takes remedial action to abate the nuisance and trespass. This would avoid the problems of potential cross liability for damage caused by OP whilst seeking to abate the problem i.e get the neighbour to rectify the problem that he has caused or else...............

randomrb

NUTLEY BOY wrote: »

I would have thought so on the basis of trespass and nuisance.

If these were tree roots undermining a neighbouring property the owner occupier of the property from where the roots originated should attract a liability for whatever damage is caused.

There is a curious case pending in England on Japanese knotwood. It has entered and damaged two houses from an adjoining a railway. Network Rail have been found liable in nuisance. I think that the case is currently under appeal.

Applying these principles to OP's scenario I would demand that the neighbour takes remedial action to abate the nuisance and trespass. This would avoid the problems of potential cross liability for damage caused by OP whilst seeking to abate the problem i.e get the neighbour to rectify the problem that he has caused or else...............

Japanese knotweed is slightly different in that you can't simply cut it down or it just spreads, it has to be specially treated at sometimes large expense.
Banks have started refusing mortgages on properties that have knotweed as it is so destructive

Glass fused light

randomrb wrote: »

Japanese knotweed is slightly different in that you can't simply cut it down or it just spreads, it has to be specially treated at sometimes large expense.
Banks have started refusing mortgages on properties that have knotweed as it is so destructive

In the UK they have made it a specific offence to allow the plant to spread on to neighbouring properties, so the landowner who allows this is liable. In some cases UK banks will refuse to lend if its on adjoining land too.

Tow

bleary wrote: »

Ivy is difficult to kill with weed killer from my own experience. I've sprayed to with no effect. The only thing working us cutting at the roots and pulling it out.

Exactly. Any modern weed killer which properly kills ivy probably can't be bought over the counter.

ittakestwo

Bump

Situation similar here. The backwall of house is boundary line between house and neighbours apartmentsl gardens. ivy grew in apartments gardens up over back wall of house and onto roof. House owner asked apartment management agency to remove it as was doing dambage to an old house and covering a sky light. After a few months they still had not so house owner who is elderly gave warning that they had to hire someone in who had ladders high enough to do this.

Can house owner bill the apartment management agency for this or do they have to pay it themselves?

MakersMark

Not related to the questions here, but Roundup is awful stuff to be using.

5 litres vinegar

1 cup of table salt

2 tablespoons Fairy liquid.

I've used this as a less toxic alternative to Roundup.

It's more effective than Roundup because of the salt.

Downside to the salt is that it's a very long time before anything will grow where the solution was sprayed, so not suitable for spot killing on lawns.

MakersMark

They can bill them, but contractor will want direct payment from the house owner.

House owner should be suing the Management Company by now

endofrainbow

https://www.boards.ie/discussion/comment/122374236#Comment_122374236

I've found cutting the ivy as near to the base as possible, leave a few days and pull upwards. Not always practical depending on where the ivy is.

rje66

https://www.boards.ie/discussion/comment/107808299#Comment_107808299

Grazon is your friend here..